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Committee approves raising maximum forfeitures in municipal code after debate; 3-1 vote
Summary
The Waukesha City Ordinance and Licensing Committee voted 3-1 to recommend amending municipal code sections 11.01 and 25.05 to increase the range of forfeitures for ordinance violations; one member voiced concern the increases could be punitive for low-income residents.
The Waukesha City Ordinance and Licensing Committee voted 3 to 1 on June 9 to recommend amendments to Municipal Code Sections 11.01 and 25.05 that increase the range of forfeitures the city may assess for certain ordinance violations.
Assistant City Attorney Michael Radovich told the committee the changes are intended to update the general penalty provisions and the chart of specific forfeiture ranges in Chapter 11. “We are just requesting to expand the range for the forfeitures that can be charged for different kinds of ordinance violations,” Radovich said, adding the update is partly to “keep pace with neighboring communities” and because “this hasn't been done since 02/2005.”
Several members pressed for limits and clarity. One committee member said raising maximum fines to $2,500 for an offense and $5,000 for subsequent offenses risked “potentially bankrupt[ing] people that are on the edge.” Radovich and a representative of the City Attorney’s Office said the proposed change only widens the authorized range; the municipal judge and an adopted bond schedule determine actual penalties. The City Attorney’s Office said in part, “This is not an automatic imposition of a $5,000 forfeiture,” and emphasized that bond schedules and judicial discretion constrain what is imposed.
Alderson Helvinsleben moved and Alderson Mannion seconded the motion to approve the amendments as presented; the motion passed 3 to 1 with Alderson Van Transtrup recorded as voting no. The committee chair noted the change will go to the Common Council for final action after the committee recommendation.
Committee members and staff said many specific code sections already include specified forfeitures and that section 25.05 acts as a fallback where a specific amount is not listed. Radovich noted that some neighboring municipalities have broader ranges, citing the City of Muskego’s range up to $5,000 in some instances and that the city’s tables had not been updated in roughly 20 years.
City staff and the City Attorney's Office said the proposed ordinance change is intended as a housekeeping update to give the municipal judge and council a modernized range for bond schedules, not as a directive to impose maximum fines routinely. The committee directed staff to forward the amendment to the Common Council for consideration.
